(a) All persons appointed in the Institution shall be nlaced on probation for a period of one ycar.
(b) l1 it appears to the Managing Committee, at any time, during or at the end of the period of probation, that the cmployee-has made not made 104 sufficient use of his opportunities or has failed to give satisfaction, heManaging Committee may discharge or terminate to approve the appointment(Appendix - IX):
Provided that the Managing Commitee may, if it so thinks fit in any case, extent the period of probation not exceeding one year.
COMMENTS
31. y Services of probationer dispensed with - Order is termination simpliciter and not stigmatic - Neither Sec. 18 of the Act of 1989 nor Rule 39(2) of the Rules of 1993 is applicable - It was fit case for grant of approval under Rule 30(b) of the Rules of 1993 - The approving authority cannot act as an appellate authority while considering the action taken by the Management.
Shri Agarwal Kanya Pathshala Samiti, Madanganj & Anr. Vs. Gopal Krishna Sharma && Ors., 2006(8) RDD 4430 (DB).
31, Confirmation,- A person placed on probation under Rule 30 shall be confirmed in his appointment at the end of probation period.
faico 27.12.1999 (4fRYa : 91)| fRIT-5/93, fic 01.03,2000 (Rya: 94) qfya DHj5 :
4. 19(19) fRreT-9/93, Hqy , fay-yr4a AH# : 4. 199) freT-5/93/Yrc-8, fei# 29.03.2001 (ufrya : 122) I 105 Raj. Non-Govt. Educational Institutions Rules, 193
32. Norms of work,- Norms of work of employees ofthe institution shall be as prescribed for similar category of employees in the Govt. educational institutions.
o Orgent temporary appointment.- A vacancy in the institution, whick Can not be filled in immnediately by procedure laid down in these rules, mav be mied in by the Selection Committee by urgent temporary appointment for a period not exceeding six mnonths.
34. Pay and allowances,- The scales of pay and allowances of the staff of the aided educational institutions shall not be less than those prescribed by the Government for the staff of similar category in the Government educational institutions.
Explanation - "Allowances" mean and include Dearness Allowance.
House Rent Allowance and City Compensatory Allowance.
AHG :4. 10(12) frT-5/93, fai# 04.11.1997 (gftya: 25) | DAO :4. 10(12) freT-5/93, fetis 03.01.1998 (afta : 82) 1 Rr.32-34 - yfyA bH5 : 4, 11(33) fRr-6/83, fio 06.08.1993 (RYA :3)1 yRy B5Hja : 4. 10(12) fTeT-5/93, feica 20.05.1997 (yfrya: 16)| fiF 17.11.1997 (ufYa :29) | 5/93, feiF 03.12.1997 (ufya: 33) 1 - yfRyshHjG :4. 10(12) THI-5/93, fH5 19,05.1998 (uN4a:51) yRyA HF : 4. 11(33) frET-6/83, fei# 21.05.1998 (ufyA: 53) 1 R. 34 Raj. Non-Govt. Educational Institutions Rules, 1993 COMMENTS Sec. 29 & Rule 34 - Scale of pay and allowances of employees o aided institutions - Hcld, Scale of pay and allowances of enployees of aided institutions shall have parity with employees of similar category 1n Government institutions. Managing Committee, Gaur Vipra Primary School Jaipur Vs. Ctvtl Judge (Jr. Div.) & Judicial Magistrate First Selection scale - Government circular/order dated 25.01.1992 - Whether the tcachers of non-government educational institutions, wh0 are receiving grant-in-aid arc entitled to selection scale as given to the teachers serving in government educational institutions by virtue of the circular dated
25.01.1992 - Held, the teachers of aided educational institutions must be paid same pay scale and allowances as that of the teachers in. government educational institutions Selection scale is not a promotion to a higher post but a higher pay scale in the same post - Once it is held that aforesaid circular provides pay scale to the teachers of government educational institutions, by virtue of the statutory provisions of Sec. 29 of the Act and Rule 34 of the Rules selection scale is also payable to teachers of non government educational institutions. S. R. Higher Secondary School & Ors.
Vs. Rajasthan Non-Government Educational Institutions Tribunal, 5/94 YI-, fics 29,07.1998 (uR4a :6o) |
20.03,1999 (uft9: 75) |
03.07.1999 (ya:77)| 106 yryH|F : 4. 15(1) fRrT B5HÍC5 : 4. 11(11) fRET-5/90, fHi# 13.03.2000 (uR4a: 96) | yR Hj5 : 4, 17(74)/fTeT-5/91 Yrc, feis : 05.04.2007 (fRYa: 169)L H4j5 : 4. 17(74)/feT-5//91 YTd, fE 05.04.2007 (9tya : 170)| fay - yrya HE : 4. 17(74) freT.5/91 Ic, feiis 18.05.2007 (grya :
171)| Class, Jaipur City (East), Jaipur & Ors., 2012(5) WLC (Raj.) 50.
Jaipur & Ors. 2002(2) DNJ (Raj.) 613: 2002(5) WLN 3 : 2002(3) WLC (Raj.)
107 Raj.Non-Govt. Educationat Institutions Rules, 1993 R. 35 586 (F.B.), Managing Commtttee, Gandht Shikshan Samitt Vs. Dhanraj Gadia &% Ors., 2009 WLC (Raj.) UC 618.
Leave encashment - Whethcr the teachers of non-government cdcational institutions receiving aid are entitled for leave encashment bencfits after retirement - Held, by virtue of Scc. 29 of the Act the teachers of non-government educational institutions are entitled for the similar scale of pay and allowances except compensatory allowances - Leave encashment is an allowance and the tcachers of non-government educational institutions would have right to claim this allowance. S. R. Higher Secondary School & Ors. Vs. Rajasthan Non-Government Eucational Institutions Tribunal Jaipur & Ors. 2002(2)DNJ (Raj.) 613 : 2002(5) WLN 3 : 2002(3) Definition of 'Salary' - It is an inclusive definition & includes leaveencashment' - The expression 'salary' as defined under section 2(r) of the Act includes leave encashment, which is nothing but salary for unavailed leave lying to the credit of employee - Held, Teachers of aided private educational Institutions are entitled to the benefits of leave encahsment at par with the empoloyees of Government Institutions. State of Rajasthan Vs. Sr.
Hr. Sec. School, Lachhmangarh & Ors., AIR 2005 SC 3541: (2005) 10 SOCC 346 : 2005(1) WLC (SC) Civil 301 : 2005 CDR 691 (SC).
Teachers of un-aided Private Schools - Equal pay for equal work - Article 39(d) of the Constitution Respondents running educational institution but not paying emoluments to its teachers and employees equal to similarly situated employees in government educational institutions or aided institutions – Held, similar teachers employed in aided institutions doing thesame- work of teaching were being paid government scales, there is no reason as to why despite the undertaking given at the time of recognition, a private un-aided institution could be made exception to pay its own whims and thattoo an meagre amount of Rs. 900/- to post gradutes having professional decree of B.Ed. or even higher - It amounts to violation of human rights Teachers employed in private institutions have right to live with some honour- Petitioners are entitled to same pay scale as that being paid in educations institutions of State to employees empoloyed in same category. Yashpal Sharma and Ors. Vs The Rajasthan Non-Governmental Institutions
35. Payment of pay and allowance,- (1) The payment of pay and allowances to the employees of the institutions shall be made by A/c payee cheque only, failing which the expenditure made on this account shall not be admitted for grant-in-aid.
(2) The payment of pay and allowances shall be made before the expiry of the 15th day of the next month or such earlier day as the State Government may direct, by general or special order.
WLC 586 (F.B.).
Tribunal, Jatpur & Ors., 2002(1) DNJ (Raj:) 381 : 2003(1) WLN 689.
R. 36 Raj. Non-Govt. Educational Institutions Rules, 1993 108